Browsing LAW Working Papers by Title

Title: Politics and Constitutional Courts A Judge’s Personal Perspective Author(s): SAFJAN, Marek Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper deals with different forms of political impact on the constitutional justice. The main subject of presentation is the analysis of recent Polish experiences which can help to identify better the threats to the ...

Title: Portrait of the EU as a Rational Man: Collective reason and democratic deficit Author(s): PASKALEV, Vesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In the present paper I take a critical view on the well-known discursive dilemma which captures the difference between governance by collective reasoning or governance responsive to majoritarian will. Then I suggest the ...

Title: Post-Modern Constitutional Theory, A Prospect for the Self-Organizing Society Author(s): LADEUR, Karl-Heinz Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Post-national Constellation of Industrial Relations Systems in the European Legal Order Author(s): COMANDÈ, Daniela Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper develops a new interpretation of the norms of the Treaty of Lisbon to find the juridical basis for an autonomous system of European industrial relations. In particular, the study explores the question of whether ...

Title: Postcommunist Constitutional Courts in Search of Political Legitimacy Author(s): SADURSKI, Wojciech Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Poteri e contropoteri nel nuovo assetto costituzionale della V Repubblica francese Author(s): FABBRINI, Federico Date: 2008 Type of Publication: Working Paper Series/Report no.: Forum di Quaderni Costituzionali Abstract: The commentary analyzes the balance of powers in the French constitutional system emerging from the constitutional reform of 2008.

Title: Presumptions and Burdens of Proof Author(s): PRAKKEN, Henry; SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper studies the logical modelling of presumptions and their effects on the burden of proof. Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction ...

Title: Primus Inter Pares: The European Court and National Courts. The Follow-up by National Courts of Preliminary Rulings ex Art. 177 of the Treaty of Rome: A Report on the Situation in the Netherlands Author(s): KORTE, Joest; KELLERMANN, Alfred E.; LEVELT-OVERMARS, W. M.; POSSEN, F. H. M. Date: 1990 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Principle of Proportionality in the Viking and Laval Cases: An appropriate standard of judicial review? Author(s): HÖS, Nikolett Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The article analyses the application of the proportionality principle in the Viking and Laval judgments. It argues that one of the main reasons why the outcome of these two eminent cases became so controversial was because ...

Title: Privacy, Reputation, and Trust: Some Implications for Data Protection Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The present contribution analyses the connection between privacy and trust, with regard to data protection. In particular, it shows how the need to facilitate trust-based relationships may justify some limitations of ...

Title: Private and Public Autonomy Revisited: Jürgen Habermas’ Concept of Co-Originality in Times of Globalisation and the Militant Security State Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the concept of constituent power and constitutional form in Jürgen Habermas’ legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can ...

Title: Private Regulation and Industrial Organisation: The network approach Author(s): CAFAGGI, Fabrizio; IAMICELI, Paola Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper investigates the relation between private transnational regulation through standards and the formation of transnational networks. More particularly, focusing on standards compliance, the analysis is intended to ...

Title: Private Regulation in European Private Law Author(s): CAFAGGI, Fabrizio Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: European private regulation pre-existed European Community law and co-exists with it today, giving rise to different forms of complementarity with European legislation. While in the initial stage of jus commune, a stronger ...

Title: Private Regulation, Freedom of Expression and Journalism: Towards a European approach? Author(s): CAFAGGI, Fabrizio; CASAROSA, Federica Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The increasing role of electronic media in news and, more generally, in content production is changing the scope and boundaries of the journalism profession and the instruments deployed to regulate the activity. Historically, ...

Title: The Privatization of Military and Security Services and the Limits of Contract Law Author(s): CALDERAI, Valentina Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI MWP;2010/31 Abstract: A growing body of literature has focused in recent years on the potentialities for market mechanisms to improve the enforcement of international human rights law against the breaches committed by private military and ...

Title: Proceduralization and its Use in Post-Modern Legal Theory Author(s): LADEUR, Karl-Heinz Date: 1996 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Process of Ratification of the Constitutional Treaty and the Crisis Options: A Legal Perspective Author(s): DE WITTE, Bruno Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Le processus des ratifications du traité établissant une Constitution pour l’Europe et la période de réflexion Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper examines the process of ratification of the Treaty establishing a Constitution for Europe in the member states of the European Union, from the date of its signature in Rome on 29 October 2004 to the European ...

Title: Product Safety, Private Standard Setting and Information Networks Author(s): CAFAGGI, Fabrizio Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This essay deals with product safety and liability, looking in particular at the interaction between regulation, contract and civil liability. Risk definition, assessment and management in product safety has changed in ...

Title: Progress Through Pluralism Towards an Epistemology of Medical Negligence Law Author(s): HARRINGTON, John A. Date: 2002 Type of Publication: Working Paper Series/Report no.: EUI LAW

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